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89 Geo. Wash. L. Rev. 400 (2021)
What Does Web Accessibility Look like under the ADA?: The Need for Regulatory Guidance in an E-Commerce World

handle is hein.journals/gwlr89 and id is 428 raw text is: NOTE What Does Web Accessibility Look Like Under the ADA?: The Need for Regulatory Guidance in an E-Commerce World Youlan Xiu* ABSTRACT Suing website owners for violations of public accommodations law has become one of the fastest rising areas of civil litigation in recent years. In 2018, the Eleventh Circuit held that Dunkin' Donuts' website was in violation of Title III of the Americans with Disabilities.Act (ADA). The plaintiff sued the online retailer, claiming that because portions of the website were not ac- cessible to screen-reading software for the vision impaired, it violated Title III. The Eleventh Circuit reasoned that the online store had a nexus to physical locations, which made the website a place of public accommodation under the ADA. Unlike the Eleventh, Sixth, and Ninth Circuits, however, the First and Seventh Circuits have not required the nexus rule, but rather have found that any online retailer engaged in interstate commerce is subject to Title III liability. The minority circuits have it right-online e-commerce boutiques are tak- ing over industries all over the world, and whether or not a nexus exists in a physical store should not be dispositive. This circuit split is the result of two failures: (1) failure of the ADA to define places of public accommodation in a digital world, and (2) failure of the Department of Justice to promulgate any guidance that would outline the obligations of covered entities under Title III. Without guidance about how much accessibility is enough, companies can attempt to anticipate accessibility standards based on hazy case law and non- governmental standards, or they can brace themselves to pay. * J.D., expected May 2021, The George Washington University Law School. Many thanks to the staff and senior editors of The George Washington Law Review for their diligent work in editing this Note. March 2021 Vol. 89 No. 2 400

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